Title 12.1 — Criminal Code

In sections 12.1-20-03 through 12.1-20-08: 1. When criminality depends on a child being below the age of fifteen, it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than fourteen. 2. When criminality depends on the victim be…

In sections 12.1-20-03 through 12.1-20-12: 1. "Coercion" means to exploit fear or anxiety through intimidation, compulsion, domination, or control with the intent to compel conduct or compliance. 2. "Deviate sexual act" means any form of sexual contact with an animal, bird, or de…

1. A person who engages in a sexual act with another, or who causes another to engage in a sexual act, is guilty of an offense if: a. That person compels the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any hum…

1. An individual in adult court is guilty of an offense if the individual engages in any combination of three or more sexual acts or sexual contacts with a minor under the age of fifteen years during a period of three or more months. The offense is a class AA felony if the actor …

A person who engages in a sexual act or sexual contact with another, or who causes another to engage in a sexual act or sexual contact, is guilty of a class B felony if the actor: 1. Compels the other person to submit by any threat or coercion that would render a person reasonabl…

1. An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older. 2. An adult who solicits with the intent to engage in a sexual a…

1. An adult is guilty of luring minors by computer or other electronic means when: a. The adult knows the character and content of a communication that, in whole or in part, implicitly or explicitly discusses or depicts actual or simulated nudity, sexual acts, sexual contact, sad…

A person who engages in a sexual act with another person, or any person who causes another to engage in a sexual act is guilty of a class C felony if the other person is in official custody or detained in a hospital, prison, or other institution and the actor has supervisory or d…

Any person who is or who holds oneself out to be a therapist and who intentionally has sexual contact, as defined in section 12.1-20-02, with a patient or client during any treatment, consultation, interview, or examination is guilty of a class C felony. Consent by the complainan…

1. A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if: a. That person knows or has reasonable cause to believe that the contact is offensive to the other person; b. That p…

An individual is guilty of a class A misdemeanor if the individual engages in a sexual act in a public place. A minor engaging in a sexual act is guilty of a class B misdemeanor, unless that sexual act was committed against the minor in violation of sections 12.1-20-01 through 12…

1. A married person is guilty of a class A misdemeanor if he or she engages in a sexual act with another person who is not his or her spouse. 2. No prosecution shall be instituted under this section except on the complaint of the spouse of the alleged offender, and the prosecutio…

Repealed by S.L. 2007, ch. 131, § 4.

A person who intermarries, cohabits, or engages in a sexual act with another person related to him within a degree of consanguinity within which marriages are declared incestuous and void by section 14-03-03, knowing such other person to be within said degree of relationship, is …

A person who performs a deviate sexual act with the intent to arouse or gratify his sexual desire is guilty of a class A misdemeanor.

1. An individual, with intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual: a. Masturbates in a public place or in the presence of a minor; b. Exposes the individual's penis, vulva, or …

1. An individual, with the intent to arouse, appeal to, or gratify that individual's lust, passions, or sexual desires, is guilty of a class A misdemeanor if that individual does any of the following: a. With intent to intrude upon or interfere with the privacy of another, enters…

1. An individual commits the offense of sexual extortion if the individual: a. With an intent to coerce a victim to engage in sexual contact, in sexually explicit conduct, or in simulated sexually explicit conduct, or to produce, provide, or distribute an image, video, or other r…

1. A person who marries another person, while married to another person, is guilty of a class C felony. 2. Subsection 1 does not extend to: a. A person whose spouse has been absent for five successive years and is believed by him or her to be dead. b. A person whose spouse has vo…

Superseded by N.D.R.Ev. 412. 12.1-20-15.1. Admissibility of evidence of victim's manner of dress in sex offense cases. Superseded by N.D.R.Ev. 412.

A minor or an individual with a developmental disability who is a material or prosecuting witness in a criminal proceeding involving an act in violation of sections 12.1-20-01 through 12.1-20-08, section 12.1-20-11, or chapter 12.1-41, may, at the discretion of the district court…

Repealed by S.L. 1993, ch. 129, § 5. 12.1-20-19. Release of sexual offender from place of confinement - Duties of official in charge. Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

Repealed by S.L. 1993, ch. 129, § 5.

1. As used in this section: a. "Adult entertainment center" means any commercial facility at which motion pictures or videos that include explicit representations of sexual conduct are offered for viewing at that facility, but does not include the guest rooms of a hotel or motel.…

1. Except for purposes of voting in a school building used as a public polling place or attending an open meeting under chapter 44-04 in a school building, a sexual offender, as defined in section 12.1-32-15, who has pled guilty or been found guilty of or has been adjudicated del…

1. As used in this section: a. "Donor" means an individual who donates reproductive material, regardless of whether for personal use or compensation. b. "Egg" means the unfertilized female reproductive cell. c. "Health care provider" means an individual licensed or certified by t…